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HARTZ CONST. CO., INC. v. VILLAGE OF WESTERN SPRINGS

No. 1-08-1895.

908 N.E.2d 527 (2009)

HARTZ CONSTRUCTION COMPANY, INC., and Chicago Title Land Trust Company, as Trustee under Trust No. 17472, dated June 10, 2003, Plaintiffs-Appellants, v. VILLAGE OF WESTERN SPRINGS, a municipal corporation, Cook County, Illinois, Defendant-Appellee, (Gurrie Rhoads, individually, Commonwealth Properties Company, LLC, and Rhoads Development Company, Defendants).

Appellate Court of Illinois, First District, First Division.

May 4, 2009.

Attorney(s) appearing for the Case

John B. Murphey and Judith N. Kolman, Rosenthal, Murphey & Coblentz, of Chicago, for Appellants.

Michael T. Jurusik, Lance C. Malina and Jacob Karaca, Klein, Thorpe and Jenkins, Ltd., of Chicago, for Appellee.

Justice WOLFSON delivered the opinion of the court:

How much statutory authority does a non-home-rule village have when it contracts with a developer to recapture from a third party the costs of improvements which benefit that third party? To answer that question we examine the applicable statute to determine what it says and what it does not say about recapture agreements.

Plaintiff Hartz Construction Co., Inc.,1 filed a suit...

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